China strictly bans confinement of petitioners | |
http://english.dbw.cn
2014-03-20 09:59:31
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New rules for better management of petitions prohibit putting petitioners under any form of confinement. "Various political and legal organs should further regulate the handling of lawsuit-related petitions, resolutely avoiding blocking the people from normal petitioning by any means," said a circular released Wednesday by the general offices of the Communist Party of China (CPC) Central Committee and the State Council. Petitioning, also known as "letters and calls", is the administrative system for hearing public complaints and grievances. Petitioners generally see injustice in land acquisition, social security, education, healthcare or environmental protection. They can take their grievances to a higher level if they fail to get satisfactory feedback from local petition offices, but officials often prevent them from raising such cases with their superiors. The circular stresses that illegal or indirect confinement of petitioners is strictly prohibited, and leading officials of related law enforcement organs are responsible for receiving petitioners and reading their letters. Echoing a regulation released last month by the State Bureau for Letters and Calls highlighting protection of petitioners' rights, Wednesday's circular urges the setting up of a system to dissolve conflicts and disputes by lawful means. The bureau noted "plenty of problems" in the petition system as "some local departments and authorities harm people's interests and hurt their feelings." GREATER ROLE FOR LAW ENFORCEMENT According to the circular, petitions concerning injustice in civil, commercial, administrative and criminal lawsuits should be handled by law enforcement organs rather than by general departments of letters and calls, a move to boost efficiency. "More and more social conflicts appeared in the form of lawsuits, and both legal and other means were used to solve them. That leads to some people trusting petitions more than the law, seriously harming judicial authorities and the normal order of petitions," said a statement from the leading group for judicial reform while interpreting the circular. The circular requires letters and calls departments to explain to petitioners and guide them to specific law enforcement organs for lawsuit-related petitions. "The real situation is that lawsuit-related petitions enjoy a higher rate of successful settlement when handed directly to the courts," said Xiu Bao, a lawyer with the Baomin Law Firm in the northeastern city of Jilin. According to the statement, this move aims to ensure the authoritative status of justice and force judicial workers to boost professional competency while also teaching the public to turn to the law for help. The circular stressed that judicial transparency must be ensured to invite public scrutiny, with key case information and effective sentences disclosed. Last month, the Supreme People's Court set up an online petition platform, which has so far received over 540 cases. More than 170 have been properly handled. Official figures showed that petitions received by law enforcement organs increased by 40 percent at the beginning of the year from the start of 2013. A trial system started last October to separate petitions should be handled by law enforcement organs from general letters and calls that should be dealt with by offices for petition management. |
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Author: Source: xinhua Editor: Yang Fan |